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Settlement Dismissal Orders

Before submitting notice of settlement, stipulation to dismiss, or motion to voluntarily dismiss pursuant to settlement, counsel should review the following Seventh Circuit cases which discuss the retention of federal jurisdiction to enforce the terms of a settlement agreement: Blue Cross and Blue Shield Ass’n v. American Express Co., 467 F.3d 634, 636 (7th Cir. 2006) and Shapo v. Engle, 463 F.3d 641, 646 (7th Cir. 2006). The parties also may wish to review the article, “What’s an Attorney to Do? Ensuring Federal Jurisdiction Over Settlement Agreements in Light of Recent Seventh Circuit Cases,” by Judge Denlow, which may be accessed at: _assets/_documents/_forms/_judges/DENLOW/FederalJurisdiction.pdf. Generally speaking, Seventh Circuit decisions hold that dismissals “with prejudice” leave the Court without jurisdiction to enforce a settlement agreement.